Domestic Workers’ Legal Guide

  A guide to Domestic Workers’ Living conditions Domestic help can sometimes be subjected to abuse when they living with their employers.  When it comes to safety and maintaining a healthy work environment in Kuwait, one should take in special consideration to articles drawn by the Domestic workers’ law to ensure improvement in living conditions. Domestic worker laws provide the following terms and conditions. Clause The Right                                 Article Accommodation The employer is obliged to provide the worker with adequate accommodation, as well as decent and healthy living conditions Article 11 Domestic Workers Law  Article 8(7) Executive Regulations Employees Clothing The employer must provide the domestic employee with appropriate and sufficient clothing Article 9 Domestic Workers Law  Article 8(5) Executive Regulations Employee Healthcare  The employer must provide the employee with treatment and healthcare from public h…

  A guide to Domestic Workers’ Location & Nature of Work Domestic help has certain rights regarding the location and nature of the work.  When it comes to safety and maintaining a healthy work environment in Kuwait, one should take in special consideration to articles drawn by the Domestic workers’ law to ensure the safety of the workers. Domestic worker laws provide the following terms and conditions. Clause The Right                                 Article Job Description The employer is only entitled to instruct the employee to complete the tasks specified in his/her contract • Article 18 Domestic Workers Law• Article 14 Domestic Workers Law • Article 9(2) Executive Regulations Identifying Workplace The employee’s place of work shall be specified in the employment contract. The employer shall not require the employee to work elsewhere • Article 18 Domestic Workers Law• Article 14 Domestic Workers Law Dangerous and Degrading Jobs The employer shall not…

  A guide to Domestic Workers’ Working Hours and Holidays Working hours of domestic workers in Kuwait can be the longest and most unpredictable. But regulating their work is an essential issue. For work-life balance, one should take in special consideration to articles drawn by the Domestic workers’ law to ensure improvement in living conditions. Domestic worker laws provide the following terms and conditions. Clause The Right Article        12 Hours Maximum Working Day The maximum working hours for domestic workers is 12 hours a day, punctuated by breaks. • Article 22(2) Domestic Workers Law• Article 13(2) Executive Regulations Annual and Weekly Time-off The domestic worker is entitled for a rest day at least one day per week, and receive paid annual leave • Article 22(3) Domestic Workers Law • Article 13(3) Executive Regulations   Sanction Report to Evidence       • Suspension of the granting of entry visas to the employer for 6 months• Considering t…

  A guide to general labour rights Domestic house workers in Kuwait perform many essential duties in private households. They clean, cook, care for children, look after elderly family members, and perform other tasks for their employers. Despite their important role they can be exploited and to prevent this from happening  Domestic worker laws provide the following terms and conditions. Clause The Right Article  Treatment and Compensation for Employee Sustaining an Injury If a domestic employee is subject to an accident while practicing work or during working hours, the employer is obliged to pay for treatment and compensate the employee for his/her injury Article 22(1) Domestic Workers Law Article 13(1) Executive Regulations Maintaining Personal Identification An employer shall not retain the passport, ID card or any other personal document belonging to the employee without his/her approval Article 12 Domestic Workers Law  Article 22(4) Domesti…

  Duties of Domestic Workers The duties of individual domestic housekeepers vary widely. Some housekeepers have complete responsibility and authority to plan and carry out many household duties. Others are given very specific duties and are closely supervised. To protect the interest of the employers Domestic worker laws provide the following guidelines. Clause The Responsibility Article Implementing Instructions The domestic employee shall carry out the employer’s instructions as stipulated in the contract Article 13 Domestic Workers Law Article 9 Executive Regulations Carrying out the Work The domestic employee shall carry out the work agreed in the contract and take the usual care in its execution Article 14 Domestic Workers Law Article 9 Executive Regulations Protecting Property and Confidentiality The employee shall safeguard the property of the employer and their family; as well as maintaining confidentiality with regards to the same Article 15 Domest…

  General rights of the employer and employee The employer should receive the domestic worker within 24 hours of his/her arrival in Kuwait There are no legal fees on cases filed at the Labour Court If a domestic worker submits a complaint against an employer who then cancels his/ her residency, then the worker may be eligible to apply for temporary residency until his/her complaint is considered A domestic worker is entitled to keep a copy of his/her contract. In the event of disagreement over the interpretation of the terms of the contract between the different languages used, then the Arabic text prevails Source - Times Kuwait  

  Kidnap & False Imprisonment   Clause Definition                                 Article False Imprisonment False imprisonment is preventing a person from moving from one place to another against his/her will in ways not regulated by the law Article 184 of the Penal Code Confinement for Physical Torture Confinement associated with physical torture or death threats  Article 184 of the Penal Code Kidnapping with the Intent to have Sexual Intercourse, and Indecent Assault Kidnapping a sane person over the age of 21 years with the intent to harm, sexually or indecently assault them, force them into prostitution, blackmail, or murder them Article 180 of the Penal Code Kidnapping Forcing a person to move from their normal place of residence to another place in order to detain them against their will, or moving the person with or without their consent if he/she is less than 21 years of age, feeble or not of sound mind Article 178 of the Penal Code Kidna…

  Assault   Clause Definition Article  Simple assault Simple assault includes spitting, pulling hair, or clothes, or spraying with water; as well as physical beating that does not leave a mark Article 163 of the Penal Code  Actual Bodily Harm Mild beating includes beating that leaves a mark or results in a wound Article 160 of the Penal Code Grievous Bodily Harm Severe beating includes beating with dangerous items such as knives, firearms, substances that cause burning, etc.; as well as beating that leads to permanent disability Article 161 of the Penal Code Article 162 of the Penal Code   Sanction Report to Evidence  Misdemeanour punished by imprisonment for a period not exceeding 3 months and a fine not exceeding 300 K.D., or either of these two punishments Local police station where the incident occurred Witnesses  Misdemeanour punished by two years’ imprisonment and a fine not exceeding 2,000 K.D., or either of these two punishments L…

  Sexual Assault   Clause Definition                                 Article Indecent Act Not Committed in Public If a person commits an indecent act in private that insults and shames a woman who is not willing to engage in the act Article 199 of the Penal Code Indecent Assault Any touching or undressing of a person’s body who is 21 years of age and above, without his/her consent or any person under the age of 21 with or without his/her consent. Article 191 of the Penal Code Sexual Intercourse that is Forced, Under Threat, or by Deception Engaging in sexual intercourse by vaginal penetration, without consent and using threat, coercion or deception Article 186 of the Penal Code Human Trafficking If one or more persons restrict a person’s freedom or transport him/her from one place to another by force, taking advantage of authority, strength or through deception; for the purpose of forced labour or sexual exploitation. Article 1 of the Human Traffickin…

Advice on Residency Law The residency will be canceled if a worker’s absence from Kuwait exceeds 6 months. A foreign national who is awaiting deportation may be detained for a period of no more than thirty days if such detainment is essential for the execution of the deportation order. A foreign national can be deported from Kuwait by order of the Minister of Interior if he/she is not in possession of a residence permit or if his/ her permit has expired. The foreign national may return to Kuwait if the appropriate conditions are met. Hosting, housing, or employing any foreigner who resides illegally in the country is prohibited, and it is also prohibited to employ a foreigner during the course of his/her employment contract with a third party. A foreign national who has previously been deported from Kuwait may not return to the country, unless given special permission by the Minister of Interior. (adsbygoogle = window.adsbygoogle || []).push(…